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Home My WebLink AboutORD1133ORDINANCE NO.1133 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING A PLANNED DEVELOPMENT MAJOR AMENDMENT,CASE PZ-10-00,FOR A 15 -ACRE,C-3/PD (GENERAL COMMERCIAL BY PLANNED DEVELOPMENT) -ZONED PROPERTY,LOCATED AT THE SOUTHEAST CORNER OF S.IDAHO ROAD AND E.BROADWAY AVENUE,BY AMENDING ORDINANCE NO.1091;REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT: WHEREAS,the Mayor and City Council of the City of Apache Junction,Arizona, on February 17,1998,passed and adopted Ordinance No.1025,amending the Apache Junction,Arizona Zoning Ordinance,by amending the Zoning District Map,City of Apache Junction,Arizona,changing the zoning district classification in rezoning case PZ-29-97 from CR-1 (Conventional Single -Family Homes on 20,000 -square -foot -gross Minimum Lots)to C-3/PD (General Commercial by Planned Development);and WHEREAS,the Mayor and City Council of the City of Apache Junction,Arizona, on July 20,1999,passed and adopted Ordinance No.1091,approving a Planned Development Major Amendment by amending previous Ordinance No.1025,rewriting and amending the Conditions of Approval for the development of the 15 -acre subject property,to allow for a more down -scaled first phase of development to be called the Phase I area,and allowing future phases of development through subsequent Planned Development Amendment processes;and WHEREAS,said Ordinance No.1091 is now in full force and effect;and WHEREAS,said Ordinance No.1091 is a valid ordinance of the City of Apache Junction,Arizona and i t is the specific intent that Ordinance No.1133 not affect the validity of Ordinance No.1091 as passed and adopted on July 20, 1999;and WHEREAS,the current owners of the property in question,Idaho Properties, L.L.C.,submitted to the Planning and Zoning Commission a Major Amendment to their Planned Development pursuant to Apache Junction City Code,Volume II, Land Development Code,Chapter 1,Zoning Ordinance,Section 19.0111 (2), Supplementary Provisions,wherein the Commission recommended approval at their June 27,2000 regular meeting by a vote of 4 to 1;and ORDINANCE NO.1133 PAGE 1 OF 5 WHEREAS,the Commission's recommendation contained conditions which the Council hereby determines to provide greater flexibility in land use and encourages a more creative design compatible with existing and proposed land uses in the vicinity of the property in question;and WHEREAS,the proposed Major Amendment subject to the conditions set forth herein enables the use and integration of contemporary land planning principles in such a manner as to promote its most appropriate use,and further allows diversification in the relationship of the various uses, structures,and spaces. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: SECTION I IN GENERAL That the conditions of approval of Ordinance No.1091 be amended for the purpose of approving a preliminary Planned Development concept plan for Phase I I of the proposed commercial development at the southeast corner of S.Idaho Road and E.Broadway Avenue by Idaho Properties,L.L.C.The new preliminary Planned Development concept plan for Phase II,as described herein and in case file PZ-10-00,proposes to develop a restaurant on approximately one net acre of land at the northwest corner of the subject property and also seeks to establish a palette of uses on the remainder of the C-3/PD zoned property. The property is legally described as follows: The Northwest quarter of the Northwest quarter of the Northwest quarter of Section 28;and the North half of the Southwest quarter of the Northwest quarter of the Northwest quarter of Section 28, Township 1 North,Range 8 East of the Gila and Salt River Base and Meridian,Apache Junction,Pinal County,Arizona;AND THAT herewith,the conditions of approval of Ordinance No.1091,be supplemented as follows: 1)The development of the restaurant and appurtenant improvements thereto (such as required landscaping,parking,drainage and retention structures,signage and right-of-way improvements)on the subject property shall be referred to as Phase I I of the 15 -acre site. ORDINANCE NO.1133 PAGE 2 OF 5 2)The restaurant shall be designed with a southwestern theme and earth tone colors,similar to the Phase I portion of the property,and shall be subject to final approval by the City Council during final Planned Development plan approval. 3)The permitted uses on the remaining portions of the Idaho/Broadway development shall include Craft or Hobby Shop,Barber or Beauty Shop, Delicatessen,Restaurants,Convenience Store,Business Offices,Eye Doctor,Chiropractor,Laundromat,Video Arcade,Office Supply Store, Photo Copy Store,Photography Studio,Book or Music Store,Bakery, Florist,Furniture Store,Sporting Goods Store,Shoe Store, Veterinarian,Pet Shop,Fitness Studio,Jeweler and other permitted uses of equal or lower intensity as listed herein,and to exclude particularly,Filling Station,Auto and Transmission Repair or Car Wash. 4)The location,number and construction of driveways for Phase I I shall be constructed according to City Engineer,Fire District and ADOT specifications. 5)As part of the final improvement plans for Phase II,the applicants shall provide a drainage report and drainage plan for the site,taking into account both existing and additional drainage and flood control and retention structures needed,subject to the City Engineer's review and approval. 6)As part of the final improvement plans for the amended Phase I I area, the applicants shall provide a landscape plan in accordance with the Apache Junction City Code,Volume II,Land Development Code,Chapter 6, Article 6-1 Landscape and Screening Requirements,to include,but not necessarily be limited to:a 25 -foot -deep landscaped frontage along Idaho Road;retention areas and landscape berms for functional,security and aesthetic purposes.Said landscape plans are subject to approval by the Parks and Recreation Department,Planning Division and Police Department. 7)Any remaining phases/areas of the larger 15 -acre site not proposed for development at this time shall not be disturbed or graded until Planned Development plans are approved for other phases of development.The developers shall present,at the time of building permit submittal,the appropriate approvals from the Arizona Department of Agriculture pertaining to the removal or salvage and re -use of protected native plants. ORDINANCE NO.1133 PAGE 3 OF 5 8)Any proposed use and preliminary plan for the future phases or uses on the 20 -acre property may be approved by the Zoning Administrator or the Development Services Director upon a finding that said future uses are of equal or similar intensity and development standards as the Phase 1 area;and that the final plan must be approved by the City Council. 9)The property owners shall dedicate and improve to the City Engineer's standards any necessary right-of-ways,as determined by the City Engineer,including but not necessarily limited to,S.Idaho Road on the west side,E.Broadway Avenue on the north side and any necessary cut-, off corners.Said improvements may include the provision of curbs, gutters,sidewalks,deceleration lanes,driveways,streetlights,fire hydrants,pavement widening,retention basins,drainage culverts,and other necessary and reasonable improvements as required by the City Engineer. 10)The developers shall coordinate with and obtain appropriate permits from the Arizona Department of Transportation (ADOT)for any work done within the ADOT right-of-way.Copies of said permits and approvals shall be provided to the City during the building permit process. 11)All construction shall be done in compliance with all applicable codes and ordinances as adopted in the Apache Junction City Code,Volume II, including,but not limited to,the Zoning Ordinance,the Uniform Building Code,Engineering Guidelines and the Uniform Fire Code (including,but not limited to,the provision of fire apparatus access roads,the marking of fire lanes and the provision of adequate water supplies,sprinkler systems and fire hydrants). 12)The developers shall pay all applicable development fees prior to the issuance of building permits. SECTION I I REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. ORDINANCE NO.1133 PAGE 4 OF 5 SECTION III PROVIDING FOR SEVERABILITY If any section,subsection,sentence,phrase,clause or portion of this ordinance,or any part of the code adopted herein by reference,is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 1st DAY OF August ,2000. SIGNED AND ATTESTED TO THIS 29TH DAY OF MAY ,2001. A DOUGL S COLEMANDOUGLASCOLEMAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 5.--- 14-01 RICHARD J.STERN City Attorney ORDINANCE NO.1133 PAGE 5 OF 5